Former Memphis official took pictures of Tire Nichols after fatal assault, sharing 11 times

Memphis, Tenn. – A Memphis police officer took photos of Nichols’ cell phone when a fatal assault on the tire was severely injured, a cybercrime expert with the Tennessee Bureau of Investigation testified Wednesday.

TBI agent Derek Miller testified at the trials of Tadarrius Bean, Demetrius Haley and Justin Smith, who pleaded not guilty to state charges including second-degree murder. They are already facing the prospect of a year in prison after they were found guilty of federal charges last year.

Nichols, a 29-year-old black man who escaped a January 2023 traffic stop after he was driven out of the car, sprayed pepper on his car and hit a Taser. Five other black officers caught up with him, slammed with batons, kicked and hit Nichols, trying to handcuff him as he called his mother near his home.

The shots of the beaten shot captured by the police pole camera also show that the police were talking, talking and laughing as Nichols struggled. His death led to nationwide protests, police reforms in the United States, and rigorous scrutiny of Memphis in most black cities.

Photos shared 11 times

The video shows Hayley taking a picture of Nichols, who sits on the ground, beats and leans in the police car. Miller said Haley shared the photo 11 times and had text conversations with eight people.

Officials were charged with second-degree murder, serious assault, aggravated kidnapping, formal misconduct and official oppression. Prosecutors argued that the officer had the responsibility to intervene and stop the assault and told medical staff that Nichols had been hit in the head, but they did not do so.

Memphis officials Desmond Mills Jr. and Emmitt Martin are also charged. They have agreed to plead guilty to state charges, rather than regular trials. They also pleaded guilty in federal court, with all five officers under trial.

Former officials acknowledge their obligation to intervene

Defense attorneys tried to evade allegations that officers used unnecessary troops to subdue Nichols. They believed that Nichols actively resisted arrest by running away without reaching his hands towards the officer so he could put his handcuffs. They also argued that their use of force complies with police department policies.

Mills testified Tuesday that he regretted failing to stop the assault, which led to Nichols' death three days later from blunt force trauma. Dr. Marco Ross, a medical examiner who performed the autopsy testified Wednesday that Nichols shed tears and bleeding in his brain.

He said when Nichols was holding him on the ground while struggling with Bean and Smith, Pepper sprinkled Nichols and hit Nichols three times with the police station. Martin punched Nichols and Hayley kicked Nichol.

Defense testimony begins

Defense attorney Martin Zummach asked TBI agent Charles Baker on Wednesday afternoon, who testified that Nichols's car was searched after the assault and authorities found a credit card, debit card and identification that did not belong to Nichols.

Meanwhile, Kelli Rogers, a resident of the suburb of Memphis in Arlington, testified that her wallet with an ID and credit card was stolen in 2022. Rogers said she was recently told that one of her credit cards was found in the car and that she didn't know about Nichols.

The officer who pulled Nichols up said they did this because he was reckless and driving, but they didn't know what was found in his car.

Prosecutor Hagerman asked Baker if he found out whether ID and credit card affected how TBI investigated the raid.

“It still has nothing to do with the severity of the case I was asked to investigate,” Baker said.

Zummach then asked Baker if there was reason to conclude that Nichols was resisting arrest and wanted to leave the vehicle because he might have “executed crime in the car”.

“Probably,” Baker said.

Baker also testified that mushrooms containing hallucinogenic proteases were found in the car. Medical Examination Doctor Rose testified that Nichols has no hallucinogens in his system.

Former Memphis officer Preston Hemphill, who was at a traffic stop but had no place to beat him, testified that after Nichols was forcibly evacuated from the vehicle, he heard Martin say “let my gun.” It is not clear in the video whether Nichols actually tried to catch Martin's gun.

Hemphill said the statement increased the risk to officers “as high as possible.”

Hemphill fired a Taser at Nichols during a traffic stop. After Nichols escaped, Hemphill could be heard in his body camera video: “I wish they were stepping on his ass.”

Hemphill was fired from police forces but was not criminally prosecuted.